ONUS ON THE BOOKMAKER.

Dominion, Volume 4, Issue 1073, 11 March 1911, Page 4

ONUS ON THE BOOKMAKER.

BUT FINE RATHER HEAVY. IBy Tcleeraph.~ProM Asprwtfitttn \ ' Naplor, March 10. At the Supremo Court to-day, the Chief Justice gave his decision in tho appeal case, Fitzpatrick v. the Police, In tho Lower Court, tho appellant, a bookmaker, was Convictcd ot betting with an infant, and was fined £75. Ho now appealed on the ground that tho youth appeared to bo i over 21, and that, as soon as Fitzpatriok learned from tho policeman that ho was under age, ho returned tho' money, and declared the bet off. Evidence at the hearing was civen to tho e fleet that tho youth had been a frequenter of racecourses, and, though only 20, might have been mistaken for 21 or over. His Honour dismissed tho appeal, holding that tho onus of proof of tho youth beiiig apparently over 21 was on appellant, which onus had not been discharged. His Honour also refused mitigation of the fino, adding, however, that appellant might apply to tho Crown authorities for a remission of tho fine, which certainly seemed heavy; The conviction would bo upheld, with costs against appellant.